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Idaho Supreme Court finds errors in grocery tax lawsuit

The Idaho Supreme Court has found several errors in a lawsuit filed by 30 lawmakers challenging Gov. Butch Otter’s veto on a bill that would have repealed the state’s sales tax on groceries. (LM Otero / Associated Press file)
The Idaho Supreme Court has found several errors in a lawsuit filed by 30 lawmakers challenging Gov. Butch Otter’s veto on a bill that would have repealed the state’s sales tax on groceries. (LM Otero / Associated Press file)

BOISE – The Idaho Supreme Court has found several errors in a lawsuit filed by 30 lawmakers challenging Gov. C.L. “Butch” Otter’s veto on a bill that would have repealed the state’s sales tax on groceries.

According to Wednesday’s order, Idaho Secretary of State Lawerence Denney didn’t receive the lawsuit at the same time it was filed with the court – which is required by state law. Furthermore, several exhibits going to be used as evidence were improperly attached to the wrong document.

Idaho Falls GOP Reps. Ron Nate and Bryan Zollinger spearheaded a lawsuit earlier this month arguing that the Idaho Constitution says a governor has 10-days to veto a bill immediately after the Legislature adjourns. Idaho’s top lawmakers disagree, saying that the deadline kicks in when the governor receives the bill.

They have 10 days to correct the errors found in the lawsuit.


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